Press Release  Former Operators of Cohasset and Lexington Nursing Homes to Pay $15,000 for Failing to Comply with Safety Regulations

Boston — The former owners and operators of two nursing homes in Cohasset and Lexington will pay $15,000 in penalties for failing to report four serious falls by residents at their facilities to the Department of Public Health (DPH) and to the Centers for Medicare and Medicaid Services (CMS) in violation of safety regulations, Attorney General Maura Healey announced today.

The Assurance of Discontinuance, filed today in Suffolk Superior Court, resolves allegations that Cohasset Care LLC and Lexington Care and Rehab LLC violated the state’s consumer protection laws by failing to provide DPH with accurate and timely notice of the falls at their facilities, The Harborview Center for Nursing and Rehabilitation in Cohasset and The Excel Center for Nursing and Rehabilitation in Lexington. The AG’s Office also alleges that the companies’ failure to report to CMS the accurate number of falls at its facilities allowed their nursing homes to receive an inflated Quality of Resident Care rating on CMS’ website, which consumers rely on when selecting a long-term care facility.

“The law is clear – nursing homes must report falls,” said AG Healey. “Failure to do so jeopardizes the safety and well-being of elderly and disabled residents.”

DPH’s regulations require licensed long-term care facilities to report any incidents or accidents that occur on the facility’s premises and impact the health or safety of residents within seven days of the occurrence. The regulations are part of an effort by DPH to ensure the protection of the health, safety and wellbeing of residents at Massachusetts nursing homes. The seven-day timeframe allows DPH to review the matter and take any necessary action to either impose corrective measures, impose penalties or increase its level of oversight.

The failure of a long-term care facility to report incidents like serious falls also impacts its Nursing Home Compare rating which CMS tabulates and features on its website. Nursing Home Compare serves as a guide for consumers when selecting a nursing home and includes information about the facility including staffing, quality of resident care and any penalties imposed on the facility.

Cohasset Care LLC is transferring Harborview to new ownership and Lexington Care and Rehab LLC closed the Excel facility last month.

Under the terms of the settlement, Cohasset Care and Lexington Care and Rehab have agreed to pay $15,000 in penalties. The companies have also agreed not to operate a long-term care facility in Massachusetts for three years.

Both companies and their members fully cooperated with the AG’s investigation.

This matter was handled by Assistant Attorney General Jenny Wojewoda and Legal Analyst Julia Walsh, both of AG Healey’s False Claims Division, with assistance from Investigator Ciara Tran of the Civil Investigations Division.

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